A. No person shall construct, reconstruct, remove or resurface (exclusive of seal coating) a driveway which provides access from public or private property to a township roadway without first having applied for and obtained a permit from the highway commissioner. The application for a driveway permit shall be made on a form supplied by the highway commissioner, signed by the property owner and accompanied by the following:
1. A drawing of the driveway which includes measurements for said driveway, the dimensions for the driveway at the property line and at the street line, and the location of the driveway on the property to be served.
2. A current plat of survey for the property.
3. The name and address of the owner of the property to be served by the driveway and of the contractor that will be constructing the driveway.
4. For commercial driveways, a scaled drawing depicting the cross section of the proposed driveway construction detailing and the construction materials to be used and the thickness of each layer of material. For residential driveways, the application shall include a written description of construction materials to be used and the thickness of each layer of material. For purposes of this section, driveways serving residential buildings with three (3) or more dwelling units shall be considered commercial driveways.
5. All driveways shall make a smooth transition from the property line to the edge of pavement of the township road with a slope not greater than one-half inch (1/2") for each twelve inches (12") in any direction, unless a variance to this specification is requested in the permit application and granted by the highway commissioner.
B. The fee for a residential driveway permit shall be fifty dollars ($50.00). The fee for a commercial driveway permit shall be three hundred fifty dollars ($350.00), plus two dollars ($2.00) for each linear foot of applicant's drive area that abuts the right of way at the property line, excepting the first thirty feet (30') of applicant's drive that abuts the right of way. No permit fee is required for removal of a driveway.
C. Applicants for a residential driveway permit shall deposit a cash performance bond of three hundred dollars ($300.00) with the highway commissioner to guarantee compliance with this section and the highway commissioner's driveway and drainage regulations. A cash performance bond of not more than one thousand dollars ($1,000.00) may be required by the highway commissioner as a condition to the issuance of a residential driveway permit and/or the opening of a driveway if parkway encroachments must be removed or parkway restoration must be performed.
D. Applicants for a commercial driveway permit shall deposit a cash performance bond of not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) to guarantee compliance with this section and the highway commissioner's driveway and drainage regulations. The highway commissioner may require a cash performance bond in excess of one thousand dollars ($1,000.00) if the highway commissioner determines that an additional performance guarantee is required due to the complexity or scope of the proposed work, the foreseeable impact of the work on township facilities or other public property, or the probable cost of restoring the pavement, parkway and drainage facilities and functions upon completion of the work could exceed one thousand dollars ($1,000.00).
E. The highway commissioner may require that a culvert or other drainage device be installed, repaired or replaced in conjunction with the construction or removal of the driveway.
F. No driveway authorized by a permit issued pursuant to this section may be opened and made available for access to a township road until the township parkway adjacent to the property served by the driveway has been restored to the standards specified by the Highway Commissioner upon issuance of the driveway permit. Unless the Highway Commissioner specifies different standards as part of a driveway permit, the township parkway shall be restored with open ditch and grass providing positive drainage, and with a gravel shoulder of not more than twenty-four inches (24") from the edge of pavement.
G. Driveway permits will not be issued until all township code violations affecting the property served by the driveway have been corrected, or the owner has agreed to correct the violation as a condition to the issuance of the permit and/or the opening of the driveway.
H. The permit applicant and the owner of the property served by the proposed driveway are jointly and severally responsible for complying with the requirements of this section.
I. Any cash performance bond deposited with the highway commissioner under this section is subject to being refunded to the permittee upon the permittee's written application to the highway commissioner within six (6) months after completion of the permitted work, or expiration of the driveway permit, but only if the permittee has corrected all township code violations affecting the property served by the driveway, and only if the work performed pursuant to the permit has been completed in conformance with all permit conditions and standards specified by the highway commissioner. Failure to submit a written request for refund of a driveway permit performance guarantee within six (6) months after completion of such work or expiration of such permit shall result in the deposit being forfeited to and retained by the road district general fund. (Ord. TO-2011-6, 5-10-2011; amd. Ord. TO-2012-4, 3-13-2012; Ord. HO-2021-4, 9-14-2021; Ord. HO-2021-5, 10-12-2021)